Court to decide whether out-of-state convictions prohibit expungement of Delaware criminal records

today09/14/2023 50

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DOVER, Del. (AP) — Attorneys for three men seeking to expunge their Delaware criminal records say their applications have been wrongfully denied because of convictions in other states.

Delaware’s Supreme Court heard arguments Wednesday over whether a Superior Court judge erred last year in ruling that the men were ineligible for expungement because of their out-of-state convictions. The case involves the interpretation of a 2019 law that expanded eligibility for the expungement of criminal records. The law says expungement of a Delaware conviction is not allowed if the person has a prior or subsequent conviction. Defense attorneys says that provision applies only to convictions in Delaware.

The attorney general’s office contends it applies to convictions in any state.

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